1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Bell on Tuesday, May 24, 2011 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present:  Rob Bell, Jay Bunting, Rick Ihli, and Maureen Stanley.
Council excused:  Jason Grimm.

Staff present: Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Rose Lorsung, City Planner; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2.  Open Forum. 
Daryl Schwartz, 12517 Marion Court
Mr. Schwartz stated his driveway comes out on Fletcher Lane and would like to speak about the commercial building on Fletcher Lane.  Mr. Schwartz stated he has a petition with 32 signatures against having retail business across the street.  It is zoned industrial/commercial.  It is getting to be more and more of a retail business on weekends and evenings.  The dance studio and the church is getting fairly busy.  He stated he asked the Planning Commission a number of questions, but it seems to have fallen on deaf ears.  The 36 homes represent approximately 100,000 in taxes a year.  All senior citizens; no children in the development.  There are children playing on the grass berm in the traffic lane.  I understand growth and the business that is there; the place is well kept and the owner is a nice gentleman.  The issue is the zoning.  There was talk of another business going in of a music lesson center.  It is all getting to be evening and weekend traffic.  Daytime traffic is minimal.  Wanted this to be documented that the people who deal with the headlights in the windows are very upset with the amount of traffic.  Hopes that it just doesn’t get approved. 

No action taken.

3.  Presentations. 
Two members of the Rogers Lions
Bruce Gorecki of the Rogers Lions Club addressed the Council regarding the 12th Annual Rockin Rogers being held June 23 – June 26.  All the usual fun, parade, carnival, and a softball tournament.  A new item is a Rogers’ Got Talent hour on Thursday night.  The ROADS Foundation is sponsoring a fun run/walk on Thursday.  Mr. Gorecki also spoke about the bands featured on Thursday, Friday, and Saturday nights.  The Lions are also going to honor Dean Eggert with a motorcycle ride to benefit CROSS.  Mr. Gorecki explained the route of the motorcycle ride. 

Mr. Gorecki stated he is present to thank the City of Rogers.  Without the combined effort of the City, businesses, and the Lions the event would not be a success.  The Lions count on this event every year; it allows the Lions to put between $60,000 and $100,000 back into the community year after year. 

Council thanked Mr. Gorecki for the presentation.  Bell stated the community also thanks the Lions.

4.  Approve agenda.
Administrator Stahmer provided a revised agenda to the Council adding 5.08 to consent and 7.06 to general business.
No items were added to the agenda.  Agenda was set as submitted.

5.  Consent Agenda.
5.01 Approval of Minutes from May 10, 2011 City Council Meeting and Minutes from May 10, 2011 Workshop Meeting
5.02 Approval of Bills and Claims
5.03 Transient Merchant High Density Traffic Map Update
5.04 Consider Sign Adjustment Request from Maynard’s Restaurant and Approval of Resolution No. 2011-20
5.05 Approval of Resolution No. 2011-21, A Resolution Approving a Request by Malmborg’s Greenhouse for Site Plan Approval to Facilitate the Construction of a 72’ x 250’ Solid Steel Structure to Replace a Hoop House that Collapsed, Located at 20045 Co. Rd. 81
5.06 Approval of Resolution No. 2011-22, A Resolution Approving a Request by Boulevard Financial for a variance to facilitate the placement of a wall sign to be attached to the north side wall of the business located at 12908 Main Street.
5.07 Approval of Closing Pheasant Circle on September 10, 2011 for a Neighborhood Party
5.08 Approval of Purchase Agreement with James Towner

Bell pulled 5.04.
Bunting moved, Ihli seconded a motion to approve the consent agenda less 5.04.  Motion carried 4-0.

Bell stated he pulled 5.04 to discuss the funding mechanism for the sign adjustment.
Seifert addressed the Council on the sign adjustment request and stated the application is consistent with the language that was put together.
Weiss stated this sign was identified early on in the design phase.  The other signs discussed were not as obvious in the design phase. 

Bell stated he doesn’t have a problem with the relocation; just wanted to discuss any input in the monetary situation, if there were any cost-sharing possibilities.

Ihli asked if this was determined from the beginning, the need to be moved.  Weiss stated this would be the full cost to the City.

Stanley asked if the replacement cost would be depreciated.  Weiss stated this sign isn’t being replaced; only moved.

Bell stated each of these are handled on a case by case basis.

Bunting moved, Ihli seconded a motion to approve 5.04.  Motion carried 4-0.

6.  Public Hearings
None.

7.  General Business
7.01  2010 Audit Presentation by Abdo, Eick & Meyers
Wieland addressed the Council stating there were no significant findings in the report.  Wieland introduced Andy Berg from Abdo, Eick & Meyers who presented the Management Letter of the 2010 Audit.  Berg stated the City received an unqualified and clean opinion – the opinion the City is looking for.  There were no audit findings. New this year was the federal single audit and compliance under that program; again no findings.  Berg proceeded through the management letter.  Berg highlighted page 5; starting with the general fund.  Berg stated the reserves are at 66.7% of the 2011 budget.  Berg concluded the management letter by reviewing the enterprise funds.  Berg offered to take any questions.

Bunting moved, Stanley seconded a motion to accept the 2010 audit as presented.  Motion carried 4-0.

Bell thanked the finance department and city departments for their continued diligence.

7.02  Establishing the Library Scoping Committee
Administrator Stahmer reported that Judy Hanson approached the City last year about the needs of the library.  Stahmer recommended a scoping committee be established.

Staff is recommending the City Council name a Council representative to a scoping committee comprised of Rogers Council, Rogers staff, HC Library staff and others to include Judy Hanson.  The committee’s findings and recommendations will be presented to Council and to the Hennepin County Library Board.

Ask that the Council appoint a Council representative.  Bunting asked if this would be an evening meeting. 

Judy Hanson stated the time of the meeting would be flexible.  Ms. Hanson explained the reasoning for the scoping committee.

Bunting volunteered to serve on the scoping committee.  Stanley stated she would be the back-up.

Bell moved, Stanley seconded a motion setting Bunting as the primary representative and Stanley as a secondary.  Motion carried 4-0.

7.03  Approval of the Housing Action Plan and Approval of Resolution No. 2011-23
Rose Lorsung stated the Housing Action Plan is a requirement of the Livable Communities Program.  The housing action plan discusses the City’s goals related to housing; more of a check-list that it be submitted to the Metropolitan Council.  The Planning Commission reviewed the Housing Action Plan and wanted to emphasize that the more vertical housing be concentrated downtown; more development downtown.

Lorsung asked if there were any additional needs the Council would like to emphasize within the document.

Bunting sees the document will be based on what type of development occurs in town.  What is best for Rogers should be what is important for the Met Council.

Stahmer stated there has been some interest in work-force housing; two or three developers have talked with staff about affordable housing in a rental town-home type of development.  Stahmer continued to discuss potential affordable housing.

Bunting moved, Ihli seconded a motion to adopt Resolution No. 2011-23, A Resolution Adopting the City of Rogers Housing Plan.  Motion carried 4-0.

7.04  Approving a Request by Tom Spanier for an Interim Use Permit to Facilitate an Inflatable Family Fun Center, Located at 12510 Fletcher Lane
Lorsung stated about 3 months ago Mr. Spanier came to the City to discuss the Family Fun Center business.  Staff discussed at length the difference between an interim use permit and a conditional use permit.  Lorsung explained the interim use permit is for a defined period of time.

Lorsung provided history of the site referencing High Point Church.  Lorsung explained the proposed business being similar to a Bounce House business.

The Planning Commission stated the plan could work well, with the 14 conditions established, for a defined period of 3 years. 

Lorsung continued to explain the proposed business and the other uses within the building.  Lorsung stated the Planning Commission did recommend approval with conditions.  Staff is somewhat torn, believing it is an abuse of the interim use permit, staff also has a hard time understanding why they would want to start a business with a three year life span.
Lorsung stated the City would still be within the 60 days response period if Council waited until the next meeting.

Bunting asked Mr. Spanier to address the Council.

Tom Spanier approached the podium.  Ihli asked why he would start the business with only a three-year run.  Spanier stated he owns the building and needs a revenue stream.

Bunting stated he will be honest and is not in favor of the use, like staff he sees an issue with the interim use.  He stated he also sees issues of having children being in an industrial area.  Would much rather see this in a more appropriate area.

Spanier stated the industrial park doesn’t have any truck traffic and is a safe environment.

Bunting stated he would prefer to see Spanier put a different use in the building.

Spanier stated there isn’t anyone looking for this type of use.

Stahmer discussed the possibility of a text amendment to the zoning ordinance to allow the use as a conditional use permit.  Lorsung continued to discuss the application by Mr. Spanier.

Brian Denker, Planning Commissioner was present to address the Council on the discussion that occurred at the Planning Commission level.

Ihli asked if he has purchased the equipment.

Mr. Spanier stated he did purchase the equipment.  The birthday parties being proposed would be from 5 to 15 kids with an age of 3 to 12 with approximately six to 10 cars.  Not a high traffic party center.

Ihli addressed the three years.  Spanier stated he isn’t looking to go longer than three years; hoping to sell the building or have other tenants. 

Stanley asked how many parties per day; how long does a party last?  Spanier stated typically 1 ½ hours.  5 to 8 parties on a Saturday and 3 to 4 on a Sunday.

Bell stated most of his concerns relate to an interim use permit and this doesn’t necessarily fit the mold.  Doesn’t think this process is the way to do this.

Mr. Spanier stated he is not interested in the text amendment because of the additional $5,000 cost.  Spanier stated traffic will be routed one direction to alleviate the headlights.

Bunting stated he would much rather see this in an entertainment area. 

Spanier stated it is not viable with the cost of rent in that area.  The bays sit empty.  There aren’t any manufacturers looking at this type of building; that is the dilemma.

Council consensus is to direct the planner to prepare a resolution denying the interim use permit.

7.05  Consider Authorizing the Design and Construction of a Downtown District Sign at the Corner of Proposed John Deere Lane and CSAH 81
Weiss discussed the proposed design and construction of a downtown district sign.  Weiss stated Wells Fargo is donating the land to the City for the sign location.  Weiss provided illustrations of the proposed signage.

Bell would rather see one sign, versus splitting the money over two signs. 

Staff stated in order to get the deal done, we would need a sign for Wells Fargo.  Combining with a community sign may not reduce the cost.  A message board separate might make some sense.

Bunting asked staff to show Council what the other sign would look like.

Staff continued to discuss the sign being proposed. 

Bell stated he believes this sign has merit especially if we can reclaim the cost by renting advertising space.

Council stated they would like to see staff do more research on a community sign.

Bell moved, Ihli seconded a motion authorizing the design and construction of a downtown district sign at the corner of the proposed John Deere Lane and CSAH 81.  Motion carried 4-0.

7.06  Discussion of Washington, DC 2011 Legislative Trip
Stahmer stated the purpose of this discussion is to get Council’s feel for what they would like to do this year.

There is not an appropriations process at the federal level, therefore there is not a specific TIF eligible project to lobby for; there is no funding pool available to discuss with the representatives.  Therefore TIF funds could not be used to pay for the trip expense.

Staff is recommending a couple changes, staff understands it is important to keep a presence, the recommendation would be to go later in the year, in the hopes a 2012 appropriations process would happen.  Reduce the cost by sending one staff and possibly one or two council members.  The trips in the past have been worth every penny, but in terms of mitigating cost, the recommendation would be to limit the number going.

Bell stated he is an advocate of a continuing presence and likes staff’s idea.

Bunting stated we need to figure out a way to get somebody out there.

No formal action was taken.

8.  Other Business
None.

9.  Correspondence and Reports
None.

10. ADJOURN TO CLOSED SESSION:
ADJOURN TO RECONVENE AND CONTINUE THE JANUARY 21, 2011 CLOSED SESSION FOR THE PURPOSES OF PRELIMINARY CONSIDERATION OF ALLEGATIONS AGAINST AN INDIVIDUAL SUBJECT TO THE COUNCIL’S AUTHORITY PURSUANT TO MINNESOTA STATUTE 13D.05, SUBDIVISION 2(B).
RECONVENE TO OPEN MEETING 
Bunting moved, Bell seconded a motion to adjourn to closed session at 8:23 p.m.  Motion carried 4-0.

The Council reconvened to open session at 9:00 p.m.

Bunting moved, Stanley seconded a motion to adjourn the meeting at 9:00 p.m.  Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk